Full Text of HB3881 101st General Assembly
HB3881 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3881 Introduced 10/17/2019, by Rep. Martin J. Moylan and Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 410 ILCS 130/93 new | | 410 ILCS 705/55-30 | |
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Amends the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act. Requires each Department responsible for licensing of a cannabis business establishment or registration or licensing of a cultivation center or dispensing organization under the Acts to publish on the Department's website a list of the ownership information of the applicants, registrants, or licensees under the Department's jurisdiction. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Compassionate Use of Medical Cannabis | 5 | | Program Act is amended by adding Section 93 as follows: | 6 | | (410 ILCS 130/93 new) | 7 | | Sec. 93. Publishing ownership information. Each Department | 8 | | responsible for registration or licensure of a cultivation | 9 | | center or dispensing organization under this Act shall publish | 10 | | on the Department's website a list of the ownership information | 11 | | of cultivation center or dispensing organization applicants, | 12 | | registrants, or licensees under the Department's jurisdiction. | 13 | | The list shall include, but is not limited to: the name of the | 14 | | person or entity who is applying, registered, or licensed; and | 15 | | the address at which the entity is applying, registered, or | 16 | | licensed under this Act. This list shall be published and | 17 | | updated monthly. | 18 | | Section 10. The Cannabis Regulation and Tax Act is amended | 19 | | by changing Section 55-30 as follows: | 20 | | (410 ILCS 705/55-30)
| 21 | | Sec. 55-30. Confidentiality. |
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| 1 | | (a) Information provided by the cannabis business | 2 | | establishment licensees or applicants to the Department of | 3 | | Agriculture, the Department of Public Health, the Department of | 4 | | Financial and Professional Regulation, the Department of | 5 | | Commerce and Economic Opportunity, or other agency shall be | 6 | | limited to information necessary for the purposes of | 7 | | administering this Act. The information is subject to the | 8 | | provisions and limitations contained in the Freedom of | 9 | | Information Act and may be disclosed in accordance with Section | 10 | | 55-65. | 11 | | (b) The following information received and records kept by | 12 | | the Department of Agriculture, the Department of Public Health, | 13 | | the Department of State Police, and the Department of Financial | 14 | | and Professional Regulation for purposes of administering this | 15 | | Article are subject to all applicable federal privacy laws, are | 16 | | confidential and exempt from disclosure under the Freedom of | 17 | | Information Act, except as provided in this Act, and not | 18 | | subject to disclosure to any individual or public or private | 19 | | entity, except to the Department of Financial and Professional | 20 | | Regulation, the Department of Agriculture, the Department of | 21 | | Public Health, and the Department of State Police as necessary | 22 | | to perform official duties under this Article. The following | 23 | | information received and kept by the Department of Financial | 24 | | and Professional Regulation or the Department of Agriculture, | 25 | | excluding any existing or non-existing Illinois or national | 26 | | criminal history record information, may be disclosed to the |
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| 1 | | Department of Public Health, the Department of Agriculture, the | 2 | | Department of Revenue, or the Department of State Police upon | 3 | | request: | 4 | | (1) Applications and renewals, their contents, and | 5 | | supporting information submitted by or on behalf of | 6 | | dispensing organizations in compliance with this Article, | 7 | | including their physical addresses; | 8 | | (2) Any plans, procedures, policies, or other records | 9 | | relating to dispensing organization security; | 10 | | (3) Information otherwise exempt from disclosure by | 11 | | State or federal law. | 12 | | (c) The name and address of a dispensing organization | 13 | | licensed under this Act shall be subject to disclosure under | 14 | | the Freedom of Information Act. The name and cannabis business | 15 | | establishment address of the person or entity holding each | 16 | | cannabis business establishment license shall be subject to | 17 | | disclosure. | 18 | | (d) All information collected by the Department of | 19 | | Financial and Professional Regulation in the course of an | 20 | | examination, inspection, or investigation of a licensee or | 21 | | applicant, including, but not limited to, any complaint against | 22 | | a licensee or applicant filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and | 25 | | shall not be disclosed, except as otherwise provided in the | 26 | | Act. A formal complaint against a licensee by the Department or |
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| 1 | | any disciplinary order issued by the Department against a | 2 | | licensee or applicant shall be a public record, except as | 3 | | otherwise prohibited by law, as required by law, or as | 4 | | necessary to enforce the provisions of this Act. Complaints | 5 | | from consumers or members of the general public received | 6 | | regarding a specific, named licensee or complaints regarding | 7 | | conduct by unlicensed entities shall be subject to disclosure | 8 | | under the Freedom of Information Act | 9 | | (e) The Department of Agriculture, the Department of State | 10 | | Police, and the Department of Financial and Professional | 11 | | Regulation shall not share or disclose any existing or | 12 | | non-existing Illinois or national criminal history record | 13 | | information to any person or entity not expressly authorized by | 14 | | this Act. As used in this Section, "any existing or | 15 | | non-existing Illinois or national criminal history record | 16 | | information" means any Illinois or national criminal history | 17 | | record information, including but not limited to the lack of or | 18 | | non-existence of these records. | 19 | | (f) Each Department responsible for licensure under this | 20 | | Act shall publish on the Department's website a list of the | 21 | | ownership information of cannabis business establishment | 22 | | applicants and licensees under the Department's jurisdiction. | 23 | | The list shall include, but is not limited to: the name of the | 24 | | person or entity applying to hold or holding each cannabis | 25 | | business establishment license; and the address at which the | 26 | | entity is applying to operate or operating under this Act. This |
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| 1 | | list shall be published and updated monthly.
| 2 | | (Source: P.A. 101-27, eff. 6-25-19.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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